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Justinian I · The Digest of Justinian §9.4.18.pr

Theft Action by Usufructuary and Noxal Surrender by Owner

Passage 1599 of 9271 · Latin

Summary

Explains that a usufructuary of a slave has an action for theft against the owner, and that since there is no noxal action against the usufructuary (even if the slave serves him), the condemned owner is released by surrendering the slave to the usufructuary.

[POMPONIUS libro octauo decimo ad Sabinum. ] §9.4.18.prIs qui usum fructum in seruo habet perinde cum domino habet actionem furti, atque si quilibet alius esset: sed cum eo non est, quamuis seruiat ei, et ideo dominus damnatus fructuario noxae dedens liberatur.
[POMPONIUS, Book 18 of the Commentary on Sabinus] He who has a usufruct in a slave has an action for theft against the owner, just as if he were any other person; but there is no action against him, even though the slave serves him, and therefore the owner, if condemned, is released by surrendering the slave for the noxa to the usufructuary.

Notes

  1. §9.4.18.prcum domino — The preposition 'cum' is used in legal terminology to mean 'against (as an opposing party in a lawsuit).' 'cum domino' means 'against the owner,' and 'cum eo' later in the sentence means 'against him (the usufructuary).'
  2. §9.4.18.prsed cum eo non est — The subject of this clause is omitted, but is understood from the context as 'actio' (specifically 'actio noxalis' [noxal action]). Thus, it means 'but there is no [action] against him.'

Cite this passage

Justinian I, The Digest of Justinian §9.4.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.4.18.pr

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